CDL Drivers Lose Privileges for Prohibited Status

As of November 18, 2024, compliance with the FMCSA’s Clearinghouse II Final Rule takes effect, bringing significant changes for CDL drivers in a "prohibited" status. Under this rule, CDL drivers who are prohibited from operating a commercial motor vehicle (CMV) due to drug or alcohol violations will face the downgrade of their State-issued commercial driving privileges. This means they will lose their commercial driver’s license (CDL) or commercial learner’s permit (CLP) until completing the Return-to-Duty (RTD) process.

What Is the Clearinghouse II Final Rule?

The Clearinghouse II Final Rule (86 FR 55718) builds upon the original Clearinghouse rule by adding a critical enforcement mechanism: drivers in a "prohibited" status under the FMCSA’s CDL Drug and Alcohol Clearinghouse will no longer hold valid commercial driving privileges. State Driver Licensing Agencies (SDLAs) are now required to remove these privileges for affected drivers.

This change supports FMCSA’s mission of promoting road safety by ensuring that only qualified and compliant drivers can operate CMVs.

How Will This Affect CDL Drivers?

Effective immediately:

• CDL drivers in a "prohibited" Clearinghouse status will lose or be denied their CDL or CLP.
• The license downgrade will remain in place until the driver completes the RTD process as outlined in 49 CFR part 40, subpart O.
• Drivers must resolve their "prohibited" status to reinstate their commercial driving privileges.

Why Is This Rule Important for Safety?

The Clearinghouse II Final Rule ensures that drivers who have engaged in prohibited drug or alcohol use or refused testing are removed from operating CMVs. By downgrading the licenses of non-compliant drivers, FMCSA reduces risks on the Nation’s roads, aiming to lower the number and severity of CMV-related crashes. This rule emphasizes FMCSA’s commitment to keeping unqualified drivers off the road.

Steps to Reinstate Commercial Driving Privileges

If your CDL or CLP has been downgraded, here’s what you need to do:

1. Complete the RTD Process
   To move your Clearinghouse status from "prohibited" to "not prohibited," you must follow the RTD process as outlined in 49 CFR part 40, subpart O.

2. Contact Your SDLA
   Once your status is updated in the Clearinghouse, your State Driver Licensing Agency will allow you to reinstate your commercial driving privileges.

3. Access FMCSA Resources
   FMCSA offers tools to help drivers navigate the RTD process:

   • Return-to-Duty Quick Reference Guide
   • Clearinghouse Return-to-Duty Video
   • Clearinghouse Learning Center

These resources provide detailed instructions for compliance and reinstatement.

Additional Information and Support

To learn more about the Clearinghouse II Final Rule, including FAQs and guidance, visit the FMCSA Clearinghouse website. Staying informed about these updates ensures that drivers and employers remain compliant while prioritizing road safety. FMCSA has created a new video that walks drivers through the steps they need to take if they want to update a “prohibited” Clearinghouse status to “not prohibited” and reinstate their CDLs. Watch the video here. 

For more detailed instructions and resources, access the FMCSA Return-to-Duty Quick Reference Guide or the Clearinghouse Learning Center today.

Stay informed and compliant with FMCSA regulations. Visit the Clearinghouse website to learn more and access helpful tools to maintain your CDL and keep our roads safe.